Description
Trial Judge Had Relied Fairly Upon Inferences:The Court of Appeal upheld the trial judge's finding of fact as to the behaviour of the Claimant passenger, who was seriously injured as he fell into the gap between a platform and a train, such as to justify a finding of vicarious contributory negligence against the appellant railway company. The trial judge had fairly relied on inferences that could be drawn from eyewitness' accounts as to the Claimant's behaviour. In all the circumstances, it was not appropriate to reverse that finding of fact, which had been reached after the trial judge had heard all of the evidence.